3. Court claim, DBC Legal, Elizabeth House Wembley
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superawesomeson

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Court claim, DBC Legal, Elizabeth House Wembley
« on: October 23, 2024, 07:03:54 pm »
Hello all,

Received a letter from The County Court yesterday, which includes a Claim Form.

I have uploaded a copy of the claim received.

The driver was advised by a friend that it was okay to park here as it is always a free space, people always park there and no one checks. No one receives tickets there.

Wrongly advised, now have a claim of £460. what should I do?

Says file full when I try to upload the image also

Thank you in advance
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superawesomeson

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Re: Court claim, DBC Legal, Elizabeth House Wembley
« Reply #1 on: October 23, 2024, 07:06:21 pm »
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dave-o

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Re: Court claim, DBC Legal, Elizabeth House Wembley
« Reply #2 on: October 24, 2024, 11:58:57 am »
I have recently seen off a DCB "Legal" (sic) claim with help from the good folks of this forum.  They discontinued just before a fee was due from them.  The chances are that this will happen to you too.

I'm sure one of the chiefs will be along soon to help you through the process.  It's not as scary as it may seem.
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b789

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Re: Court claim, DBC Legal, Elizabeth House Wembley
« Reply #3 on: October 24, 2024, 02:50:00 pm »
With a claim issue date of 16th October, you have until Monday 4th November to submit your Acknowledgement of Service (AoS). There is nothing to be gained by delaying the AoS.

Follow the guidance in this PDF on how to file your AoS:

https://www.dropbox.com/s/xvqu3bask5m0zir/money-claim-online-How-to-Acknowledge.pdf?dl=0

Once your AoS has been filed, you then have until 4pm on Monday 18th November to file your defence. Let us know when you have submitted your AoS and we will advise on the defence and a draft order to go with it.

The most probably outcome (99% likely) of this claim is that it will be discontinued early next year before the claimant has to pay the trial fee.
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superawesomeson

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Re: Court claim, DBC Legal, Elizabeth House Wembley
« Reply #4 on: October 27, 2024, 01:28:30 am »
Sorry just to confirm, I have to pay a fee? During AoS?
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DWMB2

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Re: Court claim, DBC Legal, Elizabeth House Wembley
« Reply #5 on: October 27, 2024, 09:46:11 am »
There should not be a fee to pay
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b789

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Re: Court claim, DBC Legal, Elizabeth House Wembley
« Reply #6 on: October 27, 2024, 10:17:02 am »
Quote from: superawesomeson on October 27, 2024, 01:28:30 am
Sorry just to confirm, I have to pay a fee? During AoS?
No! The claimant (you are the defendant) has to pay a trial fee (~£27) before any hearing can take place. It is at this stage that the vast majority of claims are discontinued as they cut their losses and go in search of lower-hanging fruit on the gullible tree.
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superawesomeson

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Re: Court claim, DBC Legal, Elizabeth House Wembley
« Reply #7 on: October 27, 2024, 10:37:39 am »
Thank you. Was in the wrong part. That’s all done now.
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superawesomeson

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Re: Court claim, DBC Legal, Elizabeth House Wembley
« Reply #8 on: November 02, 2024, 12:16:05 am »
Hi,

I have submitted the AoS. What do I do now?
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b789

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Re: Court claim, DBC Legal, Elizabeth House Wembley
« Reply #9 on: November 02, 2024, 11:07:26 am »
Here is the defence and draft order you should submit. Yin the defence, you only have to edit your full name and the claim number and then sign it by typing your full name for the signature and date it. There is nothing to edit in the draft order.

Both documents should be sent as PDF attachments in an email addressed to claimresponses.cnbc@justice.gov.uk and you also CC in yourself. The claim number must be in the email subject. In the body of the email put "please find attached the defence and Draft order in the matter of Secure-A-Space Ltd v [your full name] Claim No.: [claim number]"

After it is sent, you should receive an auto-response email from the CNBC.

Quote
IN THE COUNTY COURT
Claim No: [Claim Number]

BETWEEN:

Secure-A-Space Ltd
Claimant

- and -

[Defendant's Full Name]

Defendant


DEFENCE


1. The Defendant denies any liability for this claim.

2. There is a lack of precise detail in the Particulars of Claim (PoC) in respect of the factual and legal allegations made against the Defendant such that the PoC do not comply with CPR 16.4.

3. The Defendant is unable to plead properly to the PoC because:

(a) The contract referred to is not detailed or attached to the PoC in accordance with CPR PD 16(7.5);

(b) The PoC do not state the exact wording of the clause (or clauses) of the terms and conditions of the contract (or contracts) which is/are relied on;

(c) The PoC do not clearly set out the reason (or reasons) why the claimant asserts the defendant has breached the contract (or contracts);

(d) The PoC do not state with sufficient particularity exactly where the breach occurred, the exact time when the breaches occurred and how long it is alleged that the vehicle was parked before the parking charges were allegedly incurred;

(e) The PoC do not state exactly how the claim for statutory interest is calculated;

(f) The PoC do not state what proportion of the claim is the parking charge and what proportion is damages;

(g) The PoC states that the Claimant is suing the defendant as the driver or the keeper. The claimant obviously knows whether the defendant is being sued as the driver or the keeper and should not be permitted to plead alternative causes of action.

4. The Defendant has attached to this defence a copy of an order made at another court which the allocating judge ought to make at this stage so that the Defendant can then know and understand the case which he/she/it faces and can then respond properly to the claim.

Statement of truth

I believe that the facts stated in this Defence are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

Signed:


Date:

Draft Order for the defence
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superawesomeson

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Re: Court claim, DBC Legal, Elizabeth House Wembley
« Reply #10 on: November 13, 2024, 05:13:54 am »
Thank you. This has all been submitted. What happens next? What do I need to do now?
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superawesomeson

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Re: Court claim, DBC Legal, Elizabeth House Wembley
« Reply #11 on: November 28, 2024, 09:49:44 am »
Hi what do I do next?
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b789

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Re: Court claim, DBC Legal, Elizabeth House Wembley
« Reply #12 on: November 28, 2024, 11:01:29 am »
You wait to hear from the court that your defence has been sent to the claimant and they will send you a letter saying that they intend to continue and probably a copy of their N180 Directions Questionnaire (DQ).

After that, you will receive your own DQ which you can pre-empt by downloading your own and filling in online. Sign it by typing your name for the signature. No need to print anything off. Don’t send it though until your MCOL history says that one has been sent to you.

You will submit your own DQ as a PDF attachment to a single email addressed to DQ.cnbc@justice.gov.uk and info@dcblegal.co.uk and CC in yourself. The claim number must be in the email subject field.

Here is the advice I give for completing your own N180 DQ:

Quote
Having received your own N180 (make sure it is not simply a copy of the claimants N180), do not use the paper form. Ignore all the other forms that came with it. you can discard those. Download your own here and fill it in on your computer. You sign it by simply typing your full name in the signature box.

https://www.gov.uk/government/publications/form-n180-directions-questionnaire-small-claims-track

Here are the answers to some of the less obvious questions:

The name of the court is "Civil National Business Centre".
To be completed by "Your full name" and you are the "Defendant".
C1: "YES"
D1: "NO". Reason: "I wish to question the Claimant about their evidence at a hearing in person and to expose omissions and any misleading or incorrect evidence or assertions.
Given the Claimant is a firm who complete cut & paste parking case paperwork for a living, having this case heard solely on papers would appear to put the Claimant at an unfair advantage, especially as they would no doubt prefer the Defendant not to have the opportunity to expose the issues in the Claimants template submissions or speak as the only true witness to events in question."
F1: Whichever is your nearest county court. Use this to find it: https://www.find-court-tribunal.service.gov.uk/search-option
F3: "1".

When you have completed the form, attach it to a single email addressed to both dq.cnbc@justice.gov.uk and info@dcblegal.co.uk and CC in yourself. Make sure that the claim number is in the subject field of the email.
« Last Edit: November 28, 2024, 11:03:48 am by b789 »
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